K.Shanthi, v. The Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.17002 of 2019 K.Shanthi ... Petitioner Vs.
1. The Registrar, Tamil Nadu Co-operative Housing Federation, 48, Ritherton Road, Vepery, Chennai - 7.
2. The Deputy Registrar, Tamil Nadu Co-operative Housing Federation, Coimbatore Division, Ramasamy Salai, Vada Kovai, Chintami Complex, Coimbatore - 2.
3. The President, Peelamedu Industrial Workers Co-operative House Construction Society Ltd., No.K1555, 44, Ramasamy Layout, Ellai Thottam Road, Peelamedu, Coimbatore - 641 004.
... Respondent Prayer:Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to pay the subsistence allowance along with the pending arrears within a reasonable time frame as fixed by this Hon'ble Court. For Petitioner : Mr.K.S.Karthik Raja For Respondent : Mr.L.P.Shanmugasundaram for R1 and R2 Special Government Pleader Mrs.T.Girija for R3 Government Advocate
O R D E R
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the third respondent to pay the subsistence allowance along with the pending arrears within a reasonable time frame.
2.Heard the arguments advanced on either side. 3.The case of the petitioner is that the petitioner was appointed as Junior Clerk in the Peelamedu Industrial Worker's Co Operative House Construction Society Limited in the year 1996 and was promoted as Secretary on 31.03.2009. Whileso, on 08.05.2015, the petitioner was temporarily suspended from service based on the allegation that prior to promotion, the petitioner colluded with one Sivanantham/ former Secretary of the Society and misappropriated the funds of the Society. 4.It is the further case of the petitioner that from the date of suspension till 01.07.2017, a sum of Rs.5,000/- per month was paid to the petitioner towards subsistence allowance, however, after 01.07.2017, the said amount was not paid to her. In this regard, the petitioner made representation dated 26.03.2019 to the respondents, however, the same has not yet been considered. Hence, the petitioner has filed this writ petition.
5.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 26.03.2019 and to pass appropriate orders within a stipulated time frame. 6.Considering the facts and circumstances of the case, I am inclined to issue direction to the respondents to consider petitioner's representation dated 26.03.2019, on merits and in accordance with law and pass appropriate orders, as expeditiously as possible.
7.The writ petition is accordingly disposed of. No costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar
To
1. The Registrar, Tamil Nadu Co-operative Housing Federation, 48, Ritherton Road, Vepery, Chennai - 7.
2. The Deputy Registrar, Tamil Nadu Co-operative Housing Federation, Coimbatore Division, Ramasamy Salai, Vada Kovai, Chintami Complex, Coimbatore - 2.
3. The President, Peelamedu Industrial Workers Co-operative House Construction Society Ltd., No.K1555, 44, Ramasamy Layout, Ellai Thottam Road, Peelamedu, Coimbatore - 641 004.
+1 CC to Spl. Govt. Pleader (CO OP) sr 88770. +1 CC to Ms.T. Girija, Advocate sr 88390.
+1 CC to Mr.K.S.Karthik Raja, advocate sr 88372. W.P.No.17002 of 2019 KK(CO) SP(26/11/2019)